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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - Legislative
TITLE FIVE - Administrative
CHAPTER 121 Mayor
CHAPTER 123 City Finance Director
CHAPTER 125 City Law Director
CHAPTER 127 Administrative Finance Counsel
CHAPTER 129 Administrative Legal Counsel
CHAPTER 131 Tax Administrator
CHAPTER 133 Department of Safety and Service
CHAPTER 135 Division of Police
CHAPTER 137 Division of Fire
CHAPTER 139 Division of Building and Zoning Inspection
CHAPTER 141 Division of Communications
CHAPTER 143 Division of Engineering
CHAPTER 145 Division of Streets
CHAPTER 147 Division of Public Buildings and Works
CHAPTER 149 Division of Utilities
CHAPTER 151 Division of Cemeteries
CHAPTER 153 Division of Forestry
CHAPTER 154 Planning Department
CHAPTER 155 Division of Purchasing and Personnel
CHAPTER 156 Building Department
CHAPTER 157 Department of Health
CHAPTER 158 Forestry Department
CHAPTER 159 Community Development Department
CHAPTER 160 Department of Parks and Recreation
CHAPTER 161 Urban Renewal
CHAPTER 163 Conflict of Interest; Board of Ethics
CHAPTER 165 Employees Generally
CHAPTER 167 Affirmative Action
CHAPTER 168 Minority Business Enterprise Program
CHAPTER 169 Arbitration Under Collective Bargaining Agreements
CHAPTER 170 IT Department
TITLE SEVEN - Boards and Commissions
TITLE NINE - Judicial
TITLE ELEVEN - Taxation
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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168.20 COMPLIANCE REVIEW.
   (a)   The Office of Equal Opportunity shall periodically review the practices and status of certified MBE's to determine whether they continue to meet the eligibility requirements for certification and are conducting their business activities in accordance with this chapter.
   (b)   Informal compliance review shall consist of monitoring reports and information submitted by departments, MBE's and joint ventures, on-site visits or interviews and discussions conducted by the OEO staff.
   (c)   If the OEO discovers correctable noncompliance as the result of an informal compliance review, it may seek compliance by the MBE prior to instituting further proceedings. In such cases, the OEO shall issue a notice of noncompliance to the MBE, specifying the nature of the alleged noncompliance, and shall recommend steps to be taken by the MBE to correct the stated deficiencies. The OEO may enter into discussions with the MBE to attempt to resolve the compliance problem informally.
   (d)   If the informal compliance procedures result in the correction of the deficiencies, the OEO shall keep on file a copy of the notice of noncompliance, the steps taken to correct any deficiencies and the results of a follow-up investigation. If the informal compliance procedures do not result in the correction of all deficiencies, the OEO may institute formal compliance review proceedings.
   (e)   Upon completion of the formal compliance review process, the OEO shall prepare a report setting forth its findings.
   (f)   The OEO may hold an informal preliminary hearing at which the MBE shall be allowed to appear and state its position on the allegations. After an informal preliminary hearing, or without such informal hearing if the OEO so determines, the OEO shall take one of the following actions:
      (1)   Dismiss the allegations as unfounded; or
      (2)   Adopt formal charges and conduct a formal hearing on the allegations.
(Ord. 83-75. Passed 4-4-83.)
168.21 REVOCATION OF CERTIFICATION.
   (a)   Formal charges against an MBE joint venture which may result in revocation of certification may be brought and adopted on any of the following grounds:
      (1)   Failure to report changes in the status or activities of the business entity or its minority membership which affect the MBE's eligibility for certification; or
      (2)   Violation of any of the provisions of this chapter.
   (b)   The Office of Equal Opportunity shall give written notice of the adoption of charges to the MBE or joint venture. The notice shall set forth the grounds and reasons for the denial and shall set forth the right to a hearing and hearing procedures.
   (c)   A hearing before the Community Relations Board to contest the revocation of certification may be obtained by filing a written request for a hearing within ten days of the receipt of the notice of revocation. A written response to the charges may be filed with the request for a hearing or at any time prior to the conclusion of the hearing.
   (d)   Hearings shall be conducted in accordance with the procedures set forth in Section 168.23.
(Ord. 83-75. Passed 4-4-83.)
168.22 DENIAL OF RECERTIFICATION.
   (a)    The Office of Equal Opportunity may deny recertification of an MBE/joint venture on one or more of the grounds set forth in Section 168.19.
   (b)   If recertification is denied, the OEO shall notify the applicant of the denial, in writing, along with the grounds and specific reasons for the denial. Notice of denial of recertification shall also include notice of the right to a hearing and hearing procedures.
   (c)   A hearing before the Community Relations Board to contest the denial of recertification may be obtained by filing a written request for a hearing within ten days of the receipt of the notice of denial. A written response to the grounds and reasons for denial may be filed with the hearing request or at any time prior to the conclusion of the hearing.
   (d)   Hearings shall be conducted in accordance with the procedures set forth in Section 168.23.
(Ord. 83-75. Passed 4-4-83.)
168.23 HEARING PROCEDURES.
   (a)   Hearings held in connection with denials of recertification and revocation of certification shall be conducted in accordance with the procedures set forth in this section.
   (b)   Upon receipt of a request for a hearing, the Community Relations Board shall set a date for the hearing and shall give the party requesting the hearing at least thirty days written notice of the date and time set for the hearing. The MBE or joint venture may waive its right to a full thirty days notice of the hearing by stating that such right is waived in the request for a hearing. If the right to thirty days notice is waived, the Board shall inform the MBE or joint venture of the hearing date and time at least ten days prior to the hearing.
   (c)   The Board has the authority to request the attendance of persons and the production of documents.
   (d)   MBE's shall have the right to be represented by counsel, present evidence and witnesses and cross-examine adverse witnesses.
   (e)   All hearings shall be open to the public.
   (f)   An electronic recording of the hearing shall be made which shall be a part of the official record of the proceedings. A copy of the recording shall be made available to the MBE, at cost, upon request.
   (g)   All testimony shall be given under oath or affirmation.
   (h)   Any person may be excluded from the hearing for conduct which interferes with the hearing process.
   (i)   The rules of evidence shall not strictly apply. However, the Board shall have the authority to exclude irrelevant or repetitive evidence or testimony.
   (j)   The official record of the hearing shall consist of the notice of the hearing, the written submissions of the MBE/joint venture, if any, the report of the Office of Equal Opportunity staff upon which the charges or denial is based, briefs and proposed findings and conclusions filed by the parties, exceptions to proposed findings and conclusions and the electronic recording of the hearing.
   (k)   The Board's final decision shall be based upon the record of the hearing, and a decision to revoke the certification of an MBE must be supported by a preponderance of the evidence.
   (l)   The final decision of the Board shall be issued, in writing, within thirty days of the date on which the charges were adopted or a notice of denial of recertification was issued by the OEO.
   (m)   The official record of the proceedings and actions of the Board shall be maintained by the OEO.
(Ord. 83-75. Passed 4-4-83.)